UN in Letter to Thailand: Hakeem Al-Araibi’s Extradition to Bahrain in Contravention with Int’l Conventions

2019-02-06 - 2:55 م

Bahrain Mirror: The United Nations High Commissioner for Human Rights (OHCHR) published a letter to the Thai authorities on December 7, 2018 expressing deep concern over the attempt to extradite Bahraini refugee Hakeem Al-Araibi to Manama against his will.

It expressed great alarm, stating "this case appears to be in contravention of the principle of non-refoulement as set forth in article 3 of the Convention against Torture (CAT), signed by Thailand on 1 November 2007, which provides that "[n]o State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture".

The High Commissioner Office noted that for the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights". The Office also referred to paragraph 9 of the General Comment No. 20 of the Human Rights Committee, which states that State parties "must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement".

It further stated that in view of the urgency of the matter, they await a response on the initial steps taken by the government to safeguard the rights of Hakeem Al-Araibi in compliance with international instruments.

"While awaiting a reply, we urge that all necessary interim measures be taken to halt the alleged violations and prevent their re-occurrence and in the event that the investigations support or suggest the allegations to be correct, to ensure the accountability of any person responsible of the alleged violations."

The letter was signed by Elina Steinerte, Vice-Chair of the Working Group on Arbitrary Detention, and Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

 

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